Donald Trump has an unlikely legal path to a third term: what experts say

Supporters of President Donald Trump float the possibility that he can see a third term in the oval office, but legal analysts say that the path of this scenario is close.

Newsweek contacted the White House to comment by e-mail.

Why it matters

A third term Trump would be unprecedented in modern politics. The last president to serve more than two mandates was Franklin D. Roosevelt from 1933 to 1945. His race for four terms led to the adoption of the 22nd amendment, which requires that a president can only serve two mandates.

An attempt to prolong his mandate at the White House could create a constitutional crisis, as criticism warned against the campaign campaign which he could govern as authoritarian if he returned to the White House.

What to know

Trump made several comments on a third potential mandate, and his ally Steve Bannon predicted that he would run again in 2028, although Trump did not officially say that he would do it.

The 22nd amendment reads as follows: “No one will be elected to the president's office more than twice, and no one who has held the post of president, or acted as president, for more than two years of a mandate to which another person was elected president will be elected to the post of president more than once.”

President Donald Trump attends a meeting at the White House on February 24.

This leaves two potential legal paths open so that Trump stayed in the White House after the end of his current mandate, but they both pose important challenges, legal analysts in Newsweek said.

First, Trump could try to repeal the 22nd amendment, which would make legal for a president to present himself for a third term.

But political realities in the United States make this former federal prosecutor very improbable, Gene Rossi, told Newsweek on Thursday.

The repeal of an amendment would require a constitutional convention and support of three -quarters of all states – which means that Trump would need the support of solidly democratic states to repeal the amendment, which is unlikely, said Rossi.

“Practically, a snowball in hell has a better chances of survival than the passage of the abrogation of the 22nd amendment,” he said. “It will not happen.”

Trump, in an interview in April 2024 with Time Magazine, said that he would not be in favor of the change in the 22nd amendment.

“I wouldn't be at all in favor of that. I intend to serve four years and do an excellent job. And I want to bring our country back. I want to put it back on the right track,” he said.

Some Republicans have declared that they support the abrogation of the amendment. In January, representative Andy Ogles of Tennessee presented a joint resolution which would allow a president to be elected to two mandates, as long as they have not already served two consecutive terms, which will not apply to former President Barack Obama and other people who won a second term.

Representative Dan Goldman, a New York Democrat, presented a resolution that would reaffirm the 22nd amendment.

The other legal technicality that could allow Trump to return to the White House is if he presents himself as a vice-presidential candidate on the republican ticket, and that the ticket summit resigns after the inauguration of January 2029.

Former federal prosecutor Neama Rahmani told Newsweek that it was the only legal means for Trump to return to the White House.

“Aside from the potential flaw of the vice-president, there is no legal path for Trump to take place for a third term,” he said. “Politically, he does not have the votes to repeal the 22nd amendment, whether in Congress or in the States.”

Carl Tobias, professor of law at the University of Richmond in Virginia, told Newsweek that the argument in favor of this path was “not very convincing and that the judges can reject it”.

Rossi said it is also possible that Trump could simply refuse to leave at the end of his mandate and that the courts should intervene.

“Given the huge ego of President Trump, his criminal tendencies and the controversial opinion of presidential immunity, where the Supreme Court has left the Congress and the Ministry of Justice that beats on the beach as a reproductive fish, the Trump sky is the proverbial limit on this scenario,” he said.

Rahmani said he thought that the Supreme Court would confirm the ban on a third term.

“Not doing it would trigger a constitutional crisis and throw the country into chaos,” he said. “Of course, Trump did not hesitate to push or even ignore the legal borders. But there is no legal means for him to do so with regard to a third term.”

What people say

The former federal prosecutor Shanlon Wu, in Newsweek: “It is worrying because it shows how his supporters kiss the image of the strong man who is bad for democratic principles, but it is not surprising that he or his supporters float the idea.”

Bannon, addressing Chris Cuomo on Tuesday: “I am firmly convinced that President Trump will run and win again in 2028, so I have already approved President Trump. A man like this one occurs once the century. If we are lucky, we have it now.

Goldman previously declared to Newsweek: “To date, the model of Donald Trump is predictable:` `joke” about something unconstitutional or authoritarian; normalizing the “joke”; allowing the sycophantic republicans to adopt “joke” as a serious idea until it becomes Magodoxy Magodoxy.

What happens next

An amendment to the Constitution to allow Trump to go again is unlikely to be approved by the Congress.

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